*/
The Bar Standards Board (BSB) has proposed adopting the civil standard of proof in disciplinary proceedings against barristers charged with professional misconduct.
The current standard of proof used is the criminal standard which is ‘beyond a reasonable doubt’ or ‘satisfied so as to be sure’. But the BSB is seeking views on whether its regulatory arrangements should be changed to allow the civil standard of proof, ‘on the balance of probabilities’ or ‘more likely than not’ to be applied.
The change would bring it in line with other professional regulators, including the Solicitors Regulation Authority and the General Medical Council.
Commenting on the proposal, Chair of the Criminal Bar Association, Francis FitzGibbon QC said: ‘The issue is not an academic one. Anyone who has been involved with Bar disciplinary proceedings knows that the process is agonising and the stakes are high.’
He said: ‘We risk our professional integrity at our peril, and we should not expect the public to respect us if we appear soft on serious misconduct.’
The criminal standard, he said, puts misconduct on a par with actual crime, and marks how seriously it is taken. But, he said: ‘It’s reasonable to ask why so high a standard is needed and why the balance of probabilities does not suffice.’
The consultation, Review of the Standard of Proof Applied in Professional Misconduct Proceedings, closes on 21 July.
The Bar Standards Board (BSB) has proposed adopting the civil standard of proof in disciplinary proceedings against barristers charged with professional misconduct.
The current standard of proof used is the criminal standard which is ‘beyond a reasonable doubt’ or ‘satisfied so as to be sure’. But the BSB is seeking views on whether its regulatory arrangements should be changed to allow the civil standard of proof, ‘on the balance of probabilities’ or ‘more likely than not’ to be applied.
The change would bring it in line with other professional regulators, including the Solicitors Regulation Authority and the General Medical Council.
Commenting on the proposal, Chair of the Criminal Bar Association, Francis FitzGibbon QC said: ‘The issue is not an academic one. Anyone who has been involved with Bar disciplinary proceedings knows that the process is agonising and the stakes are high.’
He said: ‘We risk our professional integrity at our peril, and we should not expect the public to respect us if we appear soft on serious misconduct.’
The criminal standard, he said, puts misconduct on a par with actual crime, and marks how seriously it is taken. But, he said: ‘It’s reasonable to ask why so high a standard is needed and why the balance of probabilities does not suffice.’
The consultation, Review of the Standard of Proof Applied in Professional Misconduct Proceedings, closes on 21 July.
Politically neutral, yet loud and clear – why standing on the sidelines is not an option
With the property market witnessing significant changes since the beginning of the pandemic, Fleet Street Wealth’s Managing Director Julian Morgan considers the future of the home, the second home and the office
In partnership with the Bar Council, LexisNexis is offering up to 60% off its extensive webinar offering.
Chambers is expanding its team.
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Inés Rivera explains how speech recognition can help barristers create accurate documentation faster
The barrister-author talks to Chris Henley QC about the parallels between farming and farmers, and the law and barristers, and the dilemmas of combining young children with continued practice at the Bar
Permitting vulnerable people to be heard is a difficult role, but I have so much joy from it. Mary Prior QC shares life lessons with Aadhithya Anbahan
If the Bar is complacent on the issue of race, then we will perpetuate the same racial inequities that continue to pervade our society, writes Professor Leslie Thomas QC
Tim Prudhoe's lessons learnt: as the scope increases for working overseas, here's some advice on how to build the foundations for an international practice (and not upset the local Bar)
Politically neutral, yet loud and clear why standing on the sidelines is not an option
